Second DUI

If you have been arrested for a second DUI in Pennsylvania, certain enhanced penalties may attach to your case. In addition jail sentences and fines, the court may also suspend your driving privileges and license, and order the installation of an interlock device and certain alcohol or drug treatment.

West Chester DUI Defense Attorney

If you have been charged with a DUI in Chester County, it is important to contact an experienced attorney who is knowledgeable about Pennsylvania’s DUI laws. Michael J. Skinner will aggressively fight for each of his clients charged with Driving Under the Influence. The attorneys at the Skinner Law Firm know that entering a guilty plea for many clients is not an option, and will make every effort to avoid a criminal conviction for their clients. Contact the attorneys at the Skinner Law Firm at (267) 388-3476 today for a consultation.

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Penalties for a Second DUI in Pennsylvania

A second DUI involving a blood alcohol concentration (BAC) of .08 to .099% is considered an ungraded misdemeanor in Pennsylvania. The courts in Chester County will typically impose the minimum sentence of 12 months probation an alleged second DUI offender to complete the following conditions:

• A 12 month driver license suspension;
• Serve five days to six months in jail;
• Installation of an ignition interlock device for one year;
• Pay a fine ranging from $300 to $2,500;
• Complete the alcohol highway safety school; and
• Complete any ordered alcohol or drug abuse treatment.

A second DUI involving a BAC ranging from .10 to .159% is also considered an ungraded misdemeanor. Under Pennsylvania law, if the driver is convicted of a second DUI conviction, then will typically impose the following punishments:

• An ignition interlock device installed on the driver’s car for one year;
• A 12 month driver's license suspension;
• Between 30 days and six months imprisonment;
• Payment of a fine ranging from $750 to $5,000;
• Attend and complete the alcohol highway safety school; and
• Completion of any ordered drug or alcohol abuse treatment.

A second or subsequent DUI involving a BAC of .10 to .159% is considered a Misdemeanor of the First Degree. The Pennsylvania courts can impose the following penalties for a conviction of this offense:

• Installation of an ignition interlock device for one year;
• A suspension of the driver’s license for 18 months;
• Imprisonment for one to five years in Pennsylvania prison;
• Fines between $1,500 and $10,000;
• Successful completion of the alcohol highway safety school; and
• Completion of any court ordered alcohol or drug treatment.

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DUI Driver’s License Suspensions in Chester County

A convicted second DUI offender can face certain driver’s license suspensions, depending on a variety of factors. These factors the court will look at are: the driver’s prior offenses, the driver’s blood alcohol concentration at the time of the arrest, whether the driver was under the influence of any controlled substance, and any other factor the court deems necessary. The suspension periods are as follows:

• If the driver’s BAC was below .10% and incapable of safely driving, the license suspension will usually be for 12 months for a second or subsequent offense.

• If the driver’s BAC was greater than or equal to .10%, but less than .16%, the license suspension will usually be for 12 months for first and second offense.

• If the driver’s BAC was greater than or equal to .16%. the license suspension will be for 18 months for a second or subsequent offense.

• If the driver was an out-of-state driver, their license can be suspended for 12 months for a second or subsequent offense.

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Ignition Interlock Device in Pennsylvania for a Second DUI

For any driver who is convicted of a second or subsequent DUI offense on or after September 30, 2003, the alleged offender will be required to install an ignition interlock device on their car. They can no longer serve an additional one year suspension of their driving privileges instead of obtaining the interlock device.

Under the current law, second DUI offenders are now required to install ignition interlock device on all vehicles owned or leased in their name before their driving privileges can be restored.

However, some drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles if they will suffer from a financial hardship to install the device on all of their vehicles. If the exemption is granted, the installation will only be required on one vehicle.

Under certain circumstances, drivers who are required to have an ignition interlock device on their vehicle may operate vehicles owned by their employer without an ignition interlock device, but only during the course and scope of employment. The driver must notify their employer of their ignition interlock restriction, and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a large passenger vehicle, or school bus or vehicle.

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Occupational Limited Licenses (OLL) After a Second DUI in Pennsylvania

Individuals charged with a second DUI, or drivers who have refused the breath or blood test may become eligible for their occupational limited license (OLL). A driver may be eligible for an OLL with an ignition interlock device after serving only 12 months of their driver’s license suspension. In order to be eligible for an OLL, the driver must meet the following requirements: the driver was sentenced to a license suspension for 18 months, and the driver has no more than one prior conviction.

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Skinner Law Firm | West Chester, Pennsylvania Second DUI Defense Attorney

If you were arrested for a second DUI in Chester County, Pennsylvania, and the surrounding areas of Lancaster County, Montgomery County, Delaware County, and Berks County, Pennsylvania, contact an experienced criminal defense attorney to discuss the particular facts and circumstances of your case. Michael J. Skinner will make every effort to protect you from harsh punishments for this serious criminal charge. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your Second DUI charge in Pennsylvania.